California v. WhitakerAnnotate this Case
Defendant Tywayne Whitaker appealed a combined sentence that the trial court imposed after Whitaker committed a crime while on probation. Whitaker pled guilty to a new charge, and the trial court revoked Whitaker's probation in the earlier case. The court sentenced Whitaker to a combined term of 13 years eight months in state prison. Whitaker's sole contention on appeal related to the number of conduct credits the trial court awarded him for the time he spent in custody prior to sentencing: Whitaker argued that the trial court improperly calculated his conduct credits by using a two-for-two formula, rather than a one-for-one formula. He asserted that he was entitled to 327 days of custody credits, corresponding with the 327 days that he had served in custody at the time of his sentencing, based on one day of conduct credit for each day actually served in custody. Upon review, the Court of Appeal disagreed with Whitaker's contention, and affirmed the trial court.